The evolution of fundamental right: the consumers law as diffuse interest and possibility of rescue of the social cooperation

Abstract

Fundamental rights are considered the human rights human based on positivism in a certain constitutional order. In function of the historical and cultural dimension of these rights their appearance is not simultaneous, but they came trough a historical process capable to gather certain essential conditions to make them positive. In a systematic order, the fundamental rights are classified in generations or dimensions: the rights of first generation or dimension, the rights of second generation or dimension and the rights of third generation or dimension. The rights of first generation correspond to the individual rights, the rights of second generation correspond to the social rights and the third those of generation are the diffuse rights. Among the diffuse rights are the consumer’s right and the environmental right. They may be or not related an entire collectivity. As they are not only individual rights, their defense is rendered, mainly, in the collective plan. In the defense of the interests tutored by the consumer’s right, the members of the society are called to the cohesion, to an association. The collective damages in environmental matter and of consumer appear as motivating events of the social solidarity. Keywords: fundamental rights; diffuse rights, consumers right, social cooperation; consumerist movement.